Request for proposals for consultant to provide legal services to the umzinyathi district municipality

{"closingDate":"11 AUGUST 2026","closingTime":"12H00"}

{"name":null,"email":null,"phone":"034 219 1500","department":") during normal office hours.","address":"2H00 PM"}

Returnable Documents:

• Original certified copies of owners identity document (Not older than six months),
• Proof of company registration (CIPC), or copy of Identity document if it is Sole Proprietor, municipal services are not paid or lease agreement in the name of the bidder stated that the bidder is not, the director/s reside in the area where rates and taxes or municipal services are not paid or lease agreement in,
• Completed MBD 3.3 must be stamped and signed Municipal Bidding Document (MBD 1, MBD 4, MBD 6.1 MBD 8 and, MBD 9) must be submitted.,
• NB: False declaration on paragraph 3.14 of MBD 4 and information on CSD will lead in to automatic disqualification.,
• Full CSD Report

3. Evaluation of tender

o MBD 6.1: Preferential Points system

Considered for the functionality stage.

Preference Point System 80/20

No. DESCRIPTION POINTS

Tenders will be adjudicated in terms of the Council Supply Chain Management Policy on the 80/20 Preferential Point

as a claim form for preference points for specific goals.

1.1 The following preference point systems are applicable to invitations to tender

the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

the 90/10 system for requirements with a Rand value above R50 000 000 (all

a) The applicable preference point system for this tender is the 90/10

preference point system.

b) The applicable preference point system for this tender is the 80/20

c) Either the 90/10 or 80/20 preference point system will be applicable in

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be

(b) Specific Goals.

The maximum points for this tender are allocated as follows

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

tender to claim points for specific goals with the tender, will be interpreted to mean that

preference points for specific goals are not claimed.

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and

Preference points claim form in terms of the preferential procurement

This preference form must form part of all tenders invited. It contains general information and serves

Supply Chain Management Policy on the 80/20 Preferential Point

System. It is therefore compulsory that the municipal tender document be used. uMzinyathi District Municipality is not bound

to accept the lowest or any quote.

The following conditions will apply:

• Price(s) quoted must be valid for at least ninety (90) days from date of your offer.
• Price(s) quoted must be firm and must be inclusive of VAT and disbursements.

Tender documents sent via Courier services

uMzinyathi District Municipality hereby invites offers from suitably qualified and experienced service providers for: Q06106 -

Other (specify) R

4.0 Qualifications and experience

Experience of not less than five (5) years as the prosecutor, specifically on labour matters in the local

government sector, such to be proven by reference letters or appointment letters.

(Professional Services)

Name of bidder: ............................................................................................................BID NO.: q06106

Closing time 12:00 closing date...11 August 2026

Offer to be valid for 120 days from the closing date of bid.

Item description bid price in RSA currency

NO **(all applicable taxes included)

1. The accompanying information must be used for the formulation

of proposals.

2. Bidders are required to indicate a ceiling percentage based on the total

estimated time for completion of all phases and including all

expenses inclusive of all applicable taxes for the project. .................%

3. Persons who will be involved in the project and

Rates applicable (certified invoices must be

Rendered in terms hereof)

4. Person and position hourly rate daily rate

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5. Phases according to which the project will be

Completed, cost per phase and man-days to be

Spent

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5.1 Travel expenses (specify, for example rate/km and total km, class

of air travel, etc). Only actual costs are recoverable. Proof of the

expenses incurred must accompany certified invoices.

Description of expense to be incurred rate quantity amount

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Total: r..........................................................

** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance

fund contributions and skills development levies.

5.2 Other expenses, for example accommodation (specify, eg. Three

star hotel, bed and breakfast, telephone cost, reproduction cost,

etc.). On basis of these particulars, certified invoices will be checked

for correctness. Proof of the expenses must accompany invoices.

Description of expense to be incurred rate quantity amount

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Total: r..........................................................

6. Period required for commencement with project after

acceptance of bid .........................................................................

7. Estimated man-days for completion of project .........................................................................

8. Are the rates quoted firm for the full period of contract? *YES/NO

9. If not firm for the full period, provide details of the basis on which

adjustments will be applied for, for example consumer price index..........................................................

..........................................................

............................................................

Mbd4

Declaration of interest

1. No bid will be accepted from persons in the service of the state1.

2. Any person, having a kinship with persons in the service of the state, including a blood

relationship, may make an offer or offers in terms of this invitation to bid. In view of possible

allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons

connected with or related to persons in service of the state, it is required that the bidder or

their authorised representative declare their positioning relation to the

evaluating/adjudicating authority.

3 In order to give effect to the above, the following questionnaire must be completed

and submitted with the bid.

3.1 Full Name of bidder or his or her representative:....................................

3.2 Identity Number: .............................................................................

3.3 Position occupied in the Company (director, trustee, hareholder2):..............

3.4 Company Registration Number: ..........................................................

3.5 Tax Reference Number:.....................................................................

3.6 VAT Registration Number: ...............................................................

3.7 The names of all directors / trustees / shareholders members, their individual identity

numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you or any Directors/trustees/shareholders/ members presently in the service of

the state? YES / NO

3.8.1 If yes, furnish particulars.................................................................

.......................................................................................

1MSCM Regulations: “in the service of the state” means to be –

(a) a member of –

(i) any municipal council;

(ii) any provincial legislature; or

(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;

(c) an official of any municipality or municipal entity;

(d) an employee of any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No.);

(e) a member of the accounting authority of any national or provincial public entity; or

(f) an employee of Parliament or a provincial legislature.

2 Shareholder” means a person who owns shares in the company and is actively involved in the management of the

company or business and exercises control over the company.

3.9 Have you been in the service of the state for the past twelve months?

.......... Yes / NO

3.9.1 If yes, furnish particulars..................................................................

.....................................................................................................

3.10 Do you have any relationship (family, friend, other) with persons

in the service of the state and who may be involved with the evaluation and or

adjudication of this bid?.............................. YES / NO

3.10.1 If yes, furnish particulars.

.......................................................................................

......................................................................................

3.11 Are you, aware of any relationship (family, friend, other) between

any other bidder and any persons in the service of the state who

may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

.......................................................................................

.................................................................................................

3.12 Are any of the company’s directors, trustees, managers,

Principle shareholders or stakeholders in service of the state? YES/NO

3.12.1 If yes, furnish particulars.

.....................................................................................

.....................................................................................

3.13 Are any spouse, child or parent of the company’s directors,

trustees, managers, principle shareholders or stakeholders

in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

.....................................................................................

.....................................................................................

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company

have any interest in any other related companies or

business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

......................................................................................

....................................................................................

4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number Are you If YES, please

employed by give details

National/

Provincial/

Local

Government?

Yes/no

5. I duly confirm that the above information is correct until otherwise advised in writing AND

the company undertakes to immediately, in writing on same day of appointment, advise the

Municipality immediately if any of its directors/trustees/ members/shareholders assumes

appointment as an employee in national, provincial and/or local government AND the company will

deregister from the Municipality Supplier Database and cease forthwith from doing business with

the Municipality AND the company shall be subject to a penalty of forfeiting all payments for

services rendered or products delivered or installed if it fails to immediately disclose in writing the

employment of any of its directors/trustees/ members/shareholders in national, provincial and/or

local government.

......................................... .............................

Signature Date

......................................... ..............................

Capacity Name of Bidder

Mbd 6.1

Preference points claim form in terms of the preferential procurement

Regulations 2022

This preference form must form part of all tenders invited. It contains general information and serves

as a claim form for preference points for specific goals.

Nb: before completing this form, tenderers must study the general

Conditions, definitions and directives applicable in respect of the

Tender and preferential procurement regulations, 2022

1. General conditions

1.1 The following preference point systems are applicable to invitations to tender:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

• the 90/10 system for requirements with a Rand value above R50 000 000 (all

applicable taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10

preference point system.

b) The applicable preference point system for this tender is the 80/20

preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in

this tender. The lowest/ highest acceptable tender will be used to determine the accurate

system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be

awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

Points

Price 80

Specific goals 20

Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this

tender to claim points for specific goals with the tender, will be interpreted to mean that

preference points for specific goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in

any manner required by the organ of state.

2. Definitions

(a) “tender”

means a written offer in the form determined by an organ of state in response to an invitation

to provide goods or services through price quotations, competitive tendering process or any

other method envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and includes all

applicable taxes less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of

bid invitation, and includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form determined by

an organ of state in response to an invitation for the origination of income-generating contracts

through any method envisaged in legislation that will result in a legal agreement between the

organ of state and a third party that produces revenue for the organ of state, and includes, but

is not limited to, leasing and disposal of assets and concession contracts, excluding direct

sales and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. Formulae for procurement of goods and services

3.1. Points awarded for price

3.1.1 The 80/20 or 90/10 preference point systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

or

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income

Generating procurement

3.2.1. Points awarded for price

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

or

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,

preference points must be awarded for specific goals stated in the tender. For the purposes of

this tender the tenderer will be allocated points based on the goals stated in table 1 below as

may be supported by proof/ documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states

that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of

state must, in the tender documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 or

90/10 preference point system will apply and that the highest acceptable tender will

be used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point

system will apply and that the lowest acceptable tender will be used to determine

the applicable preference point system,

then the organ of state must indicate the points allocated for specific goals for both the 90/10

and 80/20 preference point system.

Bid documents will be available as from 05 August 2026 at www.etenders.gov.za and Municipal website:

www.umzinyathi.gov.za.

The completed bid document clearly marked relevant: ‘Bid number and description’ must be deposited in the tender box

located at the reception area of the uMzinyathi District Municipality Offices, 39 Victoria Street, Princess Magogo Building,

Dundee, 3000, on or before 12h00 on Tuesday, 11 August 2026 where all bids will be opened in public. Telegraphic, faxed,

emailed tender documents will not be accepted. Bidders must attach the following mandatory returnable documents in

order to be considered for this bid:

• Original certified copies of owners identity document (Not older than six months)
• Proof of company registration (CIPC), or copy of Identity document if it is Sole Proprietor
• Recent copy of the municipal account (rates and taxes or municipal services) in the name of the bidder not

owing municipal services for more than 90 days or proof of residence in the name of the bidder accompanied by

affidavit certified by commissioner of oath stated that the bidder reside in the area where rates and taxes or

municipal services are not paid or lease agreement in the name of the bidder stated that the bidder is not

responsible for rates and taxes or municipal services) ,

• Recent copy of the municipal account (rates and taxes or municipal services) in the name of the director/s of the

company bidding for a contract not owing municipal services for more than 90 days or proof of residence in the

name of the director/s of the company accompanied by affidavit certified by commissioner of oath stated that

the director/s reside in the area where rates and taxes or municipal services are not paid or lease agreement in

the name of the bidder stated that the director/s of the company is/are not responsible for rates and taxes or

municipal services),

• Completed MBD 3.3 must be stamped and signed Municipal Bidding Document (MBD 1, MBD 4, MBD 6.1 MBD 8 and

MBD 9) must be submitted.

• NB: False declaration on paragraph 3.14 of MBD 4 and information on CSD will lead in to automatic disqualification.
• In addition to MBD’S, quotation must be submitted on the company letterhead

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and

other such levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred

until delivery of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to

the award of a bid SARS must have certified that the tax matters of the preferred bidder are

in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

o MBD 1: Invitation to Tender (must be completed and signed)

o MBD 3.3: Professional Services (must be completed)

o MBD 4: Declaration of Interest (Companies Involved in as per CSD Report must be listed on 3.14)

o MBD 6.1: Preferential Points system

o MBD 8: Declaration of past Supply Chain Management Practice

o MBD 9: Certificate of Independent Bid

o Proof of company registration with CIPC or copy of Identity document if it is Sole Proprietor

o Original certified copies of owners identity document (Not older than six months)

o Recent copy of the municipal account (rates and taxes or municipal services) in the name of the bidder not

owing municipal services for more than 90 days or proof of residence in the name of the bidder accompanied

by affidavit certified by commissioner of oath stated that the bidder reside in the area where rates and taxes or

municipal services are not paid or lease agreement in the name of the bidder stated that the bidder is not

responsible for rates and taxes or municipal services) ,

o Recent copy of the municipal account (rates and taxes or municipal services) in the name of the director/s

of the company bidding for a contract not owing municipal services for more than 90 days or proof of

residence in the name of the director/s of the company accompanied by affidavit certified by commissioner of

oath stated that the director/s reside in the area where rates and taxes or municipal services are not paid or

lease agreement in the name of the bidder stated that the director/s of the company is/are not responsible for

rates and taxes or municipal services),

Signature of bidder: ...................................................

Capacity under which this bid is signed: ...................................................

Date: ...................................................

Mbd 3.3

Pricing schedule

(Professional Services)

Name of bidder: ............................................................................................................BID NO.: q06106

Closing time 12:00 closing date...11 August 2026

Offer to be valid for 120 days from the closing date of bid.

Rates applicable (certified invoices must be

Rendered in terms hereof)

8. Are the rates quoted firm for the full period of contract? *YES/NO

16. Payment

17. Prices

18. Variation orders

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Anti-dumping and countervailing duties and rights

25. Force Majeure

26. Termination for insolvency

27. Settlement of Disputes

28. Limitation of Liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. Transfer of contracts

34. Amendments of contracts

35. Prohibitions of restrictive practices

36. Definitions

37. The following terms shall be interpreted as indicated:

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of

bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the

supplier, as recorded in the contract form signed by the parties, including all attachments

and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and

proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by

its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or

from which the services are supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a commercially recognized

new product results that is substantially different in basic characteristics or in purpose or

utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the goods are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in

the RSA at lower prices than that of the country of origin and which have the potential to

harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. Such events may include, but is not

restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of any bidder, and

includes collusive practice among bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus

freight and other direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of entry as well as

transportation and handling charges to the factory in the Republic where the goods covered

by the bid will be manufactured.

1.17 “Local content” means that portion of the bidding price, which is not included in the

imported content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials,

components and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the

rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning,

provision of technical assistance, training, catering, gardening, security, maintenance and

other such obligations of the supplier covered under the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and

administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total

responsibility for all aspects of the project and delivers the full end product / service

required by the contract.

1.28.1 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical

writing.

2. Application

2.1 These general conditions are applicable to all bids, contracts and orders including bids for

functional and professional services (excluding professional services related to the building

and construction industry), sales, hiring, letting and the granting or acquiring of rights, but

excluding immovable property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific goods,

services or works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the

special conditions shall apply.

3. General

3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for

any expense incurred in the preparation and submission of a bid. Where applicable a

nonrefundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the

municipal website.

4. Standards

4.1 The goods supplied shall conform to the standards mentioned in the bidding documents

and specifications.

5. Use of contract documents and information inspection

5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or

any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished

by or on behalf of the purchaser in connection therewith, to any person other than a person

employed by the supplier in the performance of the contract. Disclosure to any such employed

person shall be made in confidence and shall extend only so far as may be necessary for purposes

of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any

document or information mentioned in GCC clause 5.1 except for purposes of performing the

contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the

property of the purchaser and shall be returned (all copies) to the purchaser on completion

of the supplier’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the

performance of the supplier and to have them audited by auditors appointed by the

purchaser, if so required by the purchaser.

6. Patent Rights

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of

patent, trademark, or industrial design rights arising from use of the goods or any part

thereof by the purchaser.

6.2 When a supplier developed documentation / projects for the municipality, the intellectual,

copy and patent rights or ownership of such documents or projects will vest in the

municipality.

7. Performance security

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder

shall furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as

compensation for any loss resulting from the supplier’s failure to complete his obligations

under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a

freely convertible currency acceptable to the purchaser and shall be in one of the following

forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier

not later than thirty (30) days following the date of completion of the supplier’s performance

obligations under the contract, including any warranty obligations, unless otherwise

specified.

8. Inspections, tests and analyses

8.1 All pre-bidding testing will be for the account of the bidder.

8.2 If it is a bid condition that goods to be produced or services to be rendered should at any

stage be subject to inspections, tests and analyses, the bidder or contractor’s premises

shall be open, at all reasonable hours, for inspection by a representative of the purchaser

or organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention

is made in the contract, but during the contract period it is decided that inspections shall be

carried out, the purchaser shall itself make the necessary arrangements, including payment

arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to

be in accordance with the contract requirements, the cost of the inspections, tests and

analyses shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the

contract requirements, irrespective of whether such goods or services are accepted or not,

the cost in connection with these inspections, tests or analyses shall be defrayed by the

supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply

with the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analyzed and may be

rejected if found not to comply with the requirements of the contract. Such rejected goods

shall be held at the cost and risk of the supplier who shall, when called upon, remove them

immediately at his own cost and forthwith substitute them with goods, which do comply with

the requirements of the contract. Failing such removal the rejected goods shall be returned

at the suppliers cost and risk. Should the supplier fail to provide the substitute goods

forthwith, the purchaser may, without giving the supplier further opportunity to substitute the

rejected goods, purchase such goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel

the contract on account of a breach of the conditions thereof, or to act in terms of Clause

22 of GCC.

9. Packing

9.1 The supplier shall provide such packing of the goods as is required to prevent their damage

or deterioration during transit to their final destination, as indicated in the contract. The

packing shall be sufficient to withstand, without limitation, rough handling during transit and

exposure to extreme temperatures, salt and precipitation during transit, and open storage.

Packing, case size and weights shall take into consideration, where appropriate, the

remoteness of the goods’ final destination and the absence of heavy handling facilities at

all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply

strictly with such special requirements as shall be expressly provided for in the contract,

including additional requirements, if any, and in any subsequent instructions ordered by the

purchaser.

10. Delivery and documents

10.1 Delivery of the goods and arrangements for shipping and clearance obligations, shall be

made by the supplier in accordance with the terms specified in the contract.

11. Insurance

11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency

against loss or damage incidental to manufacture or acquisition, transportation, storage

and delivery in the manner specified.

12. Transportation

12.1 Should a price other than an all-inclusive delivered price be required, this shall be

specified.

13. Incidental Services

13.1 The supplier may be required to provide any or all of the following services, including

additional services, if any:

(a) performance or supervision of on-site assembly and/or commissioning of the

supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate

unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for

a period of time agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in

assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price

for the goods, shall be agreed upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the supplier for similar services.

14. Spare parts

14.1 As specified, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the

supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier,

provided that this election shall not relieve the supplier of any warranty obligations

under the contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the purchaser of the pending termination, in sufficient

time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the

blueprints, drawings, and specifications of

the spare parts, if requested.

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials,

or workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final destination

indicated in the contract, or for eighteen (18) months after the date of shipment from the

port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this

warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to

the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be necessary,

at the supplier’s risk and expense and without prejudice to any other rights which the

purchaser may have against the supplier under the contract.

16. Payment

16.1 The method and conditions of payment to be made to the supplier under this contract shall

be specified.

16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the

delivery note and upon fulfillment of other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30)

days after submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated.

17. Prices

17.1 Prices charged by the supplier for goods delivered and services performed under the

contract shall not vary from the prices quoted by the supplier in his bid, with the exception

of any price adjustments authorized or in the purchaser’s request for bid validity extension,

as the case may be.

18. Variation orders

18.1 In cases where the estimated value of the envisaged changes in purchase does not vary

more than 15% of the total value of the original contract, the contractor may be instructed

to deliver the goods or render the services as such. In cases of measurable quantities, the

contractor may be approached to reduce the unit price, and such offers may be accepted

provided that there is no escalation in price.

19. Assignment

19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the

contract, except with the purchaser’s prior written consent.

20. Subcontracts

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services,

the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the

purchaser shall evaluate the situation and may at his discretion extend the supplier’s time

for performance, with or without the imposition of penalties, in which case the extension

shall be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the goods are required, or the supplier’s services are

not readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its

delivery obligations shall render the supplier liable to the imposition of penalties, pursuant

to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause

22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and

up to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the contract, the purchaser shall,

without prejudice to its other remedies under the contract, deduct from the contract price,

as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of the delay until

actual delivery or performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23. Termination for default

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in

the contract, or within any extension thereof granted by the purchaser pursuant to

GCC Clause 21.2;

(b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner, as it deems appropriate, goods, works or

services similar to those undelivered, and the supplier shall be liable to the purchaser for

any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide

to impose a restriction penalty on the supplier by prohibiting such supplier from doing

business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with

the supplier, the supplier will be allowed a time period of not more than fourteen (14) days

to provide reasons why the envisaged restriction should not be imposed. Should the

supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard

the supplier as having no objection and proceed with the restriction.

23.5 . Any restriction imposed on any person by the purchaser will, at the discretion of the

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the

opinion of the purchaser actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such

imposition, furnish the National Treasury, with the following information:

(i) the name and address of the supplier and / or person

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or

persons prohibited from doing business with the public sector.

23.7 . If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the

Prevention and Combating of Corrupt Activities Act, No. , the court may also rule

that such person’s name be endorsed on the Register for Tender Defaulters. When a

person’s name has been endorsed on the Register, the person will be prohibited from

doing business with the public sector for a period not less than five years and not more

than 10 years. The National Treasury is empowered to determine the period of restriction

and each case will be dealt with on its own merits. According to section 32 of the Act the

Register must be open to the public. The Register can be perused on the National Treasury

website

24. Antidumping and countervailing duties and rights

24.1 When, after the date of bid, provisional payments are required, or anti-dumping or

countervailing duties are imposed, or the amount of a provisional payment or anti-dumping

or countervailing right is increased in respect of any dumped or subsidized import, the

State is not liable for any amount so required or imposed, or for the amount of any such

increase. When, after the said date, such a provisional payment is no longer required or

any such anti-dumping or countervailing right is abolished, or where the amount of such

provisional payment or any such right is reduced, any such favourable difference shall on

demand be paid forthwith by the supplier to the purchaser or the purchaser may deduct

such amounts from moneys (if any) which may otherwise be due to the supplier in regard to

goods or services which he delivered or rendered, or is to deliver or render in terms of the

contract or any other contract or any other amount which may be due to him.

25. Force Majeure

`

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable

for forfeiture of its performance security, damages, or termination for default if and to the

extent that his delay in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing

of such condition and the cause thereof. Unless otherwise directed by the purchaser in

writing, the supplier shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the force majeure event.

26. Termination for insolvency

26.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination

will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter

to the purchaser.

27. Settlement of Disputes

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other

party of his intention to commence with mediation. No mediation in respect of this matter

may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a

South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) the parties shall continue to perform their respective obligations under the contract

unless they otherwise agree; and

(b) the purchaser shall pay the supplier any monies due the supplier for goods

delivered and / or services rendered according to the prescripts of the contract.

28. Limitation of Liability

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement

pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or

otherwise, for any indirect or consequential loss or damage, loss of use, loss of

production, or loss of profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this

limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language

29.1 The contract shall be written in English. All correspondence and other documents

pertaining to the contract that is exchanged by the parties shall also be written in English.

30. Applicable law

30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise

specified.

31. Notices

31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered

or certified mail and any other notice to him shall be posted by ordinary mail to the address

furnished in his bid or to the address notified later by him in writing and such posting shall

be deemed to be proper service of such notice

31.2 The time mentioned in the contract documents for performing any act after such aforesaid

notice has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties

32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and

other such levies imposed outside the purchaser’s country.

32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred

until delivery of the contracted goods to the purchaser.

32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to

the award of a bid SARS must have certified that the tax matters of the preferred bidder are

in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and

municipal services charges are in arrears.

33. Transfer of contracts

33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof

without the written permission of the purchaser

34. Amendment of contracts

34.1.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions

thereof shall be valid and of any force unless such agreement to amend or vary is entered into in

writing and signed by the contracting parties. Any waiver of the requirement that the agreement to

amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices

35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. , as amended, an

agreement between, or concerted practice by, firms, or a decision by an association of

firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is /

are or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the

purchaser has / have engaged in the restrictive practice referred to above, the purchaser

may refer the matter to the Competition Commission for investigation and possible

imposition of administrative penalties as contemplated in section 59 of the Competition Act

No 89 0f 1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission

of the restrictive practice referred to above, the purchaser may, in addition and without

prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered,

and / or terminate the contract in whole or part, and / or restrict the bidder(s) or

contractor(s) from conducting business with the public sector for a period not exceeding ten

(10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

Specification of goods or services required:

Request for proposals

Terms of reference for consultant to provide legal services to the umzinyathi

District municipality

1.0 Introduction

The Municipality suspended one of its employees. The matter could not be finalised due to postponements

on the account of both parties. The appointed prosecutor and presiding officer also recused themselves. In

light of the delays, the Municipality requested consent from the employee for the matter to be arbitrated in

terms of Section 188A, which such consent was not obtained from the employee. The employee

representative did not refer an unfair labour practice dispute instead pleaded non-compliance. The

compliance officer issued a non-compliance order. The Municipality requested that the matter be arbitrated

in terms of Section 33A. The matter is set down for the 20th of August 2025, in the South African Local

Government Bargaining Council offices.

The uMzinyathi District Municipality hereby requires Legal Representation on the matter.

uMzinyathi District Municipality is committed to sound business conduct and therefore manages its business

according to the uMzinyathi District Municipality values, which require commitment, excellence, customer

focus, innovation, trust, transparency and integrity.

The proposal to be submitted should address the service providers’ ability to provide the Legal Services

referred to herein.

2.0 Scope of work

The Consultant will:

2.1 Assess the matter and advise the Acting Municipal Manager on any appropriate action

2.2 Identify, obtain and review documents to be adduced as evidence

2.3 Submitting and leading evidence to prove the Municipality's case at the South African Local

Government Bargaining Council

2.4 Consultations with the relevant personnel including inter alia, the legal office and the Municipal

Manager

2.5 Compliance with the stipulated time frames as per the Collective Agreement or any applicable laws

2.6 Represent the Municipality at the bargaining council or any appropriate tribunal or Court on the set

date

2.7 Any legal work as necessary on the case

3.0 Financial proposal

Professional fees

3.1 Kindly be requested to fill in your proposed figures;

Services tarrifs

Salgbc r

Labour Court or the LAC R

Correspondences R

Consultations (hourly rate) R

Daily fee (8hours) R

Other (specify) R

If the charges differ when attending to urgent applications, please specify;

Services tarrifs

Daily fee R

Disbursements

Travelling (per km) R

Copies (per page) R

Faxes (per page) R

Telephone Calls (per minute) R

Opening a file R

Taking of instructions R

Other (specify) R

4.0 Qualifications and experience

Eligible Consultants should have the following qualifications, experience and be in possession of the

following;

Comprehensive and coherent understanding of Local Government laws specifically Labour Law

Extensive experience and complete mastery of Labour Laws and Procedures

Experience of not less than five (5) years as the prosecutor, specifically on labour matters in the local

government sector, such to be proven by reference letters or appointment letters.

Admitted as an attorney/ admitted as an Advocate

Letter of good standing

The fidelity fund certificate

5.0 General

5.1 Kindly note that research would be capped at 5 HOURS

5.2 Only one person from the law firm would bill the Municipality on any labour matter with the exception of

the Labour Court, or Higher Courts wherein the Municipality may consider the request to brief Counsel.

6.0 Additional information

6.1 The law firms invited to this Request for Proposal are hereby informed that no relationship can exist

between the service provider and the Municipality except on the basis of a formal written instruction. This

document constitutes only a solicitation of interest in and proposal for providing legal services to the

Municipality, and shall not be interpreted as an offer by Municipality to enter into a retainer agreement for

such services. Your response will be treated as an offer to provide such services and not an acceptance of

any offer made by the Municipality.

6.2 This Request for Proposal is based on the understanding that the review of and response to this

Request for Proposal by the service providers will not entail any cost or obligation for the Municipality

6.3 The municipality at its sole discretion may vary an instruction to include more work

6.4 The municipality reserves the right to revoke the instruction on this matter, should your work be not

satisfactory, such to be at the municipality’s discretion.

7.0 Submission of proposal

Eligible Consultant(s) should submit technical and financial proposals in electronic or hard copy format.

Proposals should be delivered to the following address;

The closing date for submissions is 11 August 2026.

Attention:

Mr RS Khwela

Princess Magogo Building

39 Victoria Street

Dundee,

3000

Email: [email protected]

3. Evaluation of tender

Compulsory Returnable Documentation

Compulsory documents to be submitted:

o MBD 1: Invitation to Tender (must be completed and signed)

o MBD 3.3: Professional Services (must be completed)

o MBD 4: Declaration of Interest (Companies Involved in as per CSD Report must be listed on 3.14)

o MBD 6.1: Preferential Points system

o MBD 8: Declaration of past Supply Chain Management Practice

o MBD 9: Certificate of Independent Bid

o Proof of company registration with CIPC or copy of Identity document if it is Sole Proprietor

o Original certified copies of owners identity document (Not older than six months)

o Recent copy of the municipal account (rates and taxes or municipal services) in the name of the bidder not

owing municipal services for more than 90 days or proof of residence in the name of the bidder accompanied

by affidavit certified by commissioner of oath stated that the bidder reside in the area where rates and taxes or

municipal services are not paid or lease agreement in the name of the bidder stated that the bidder is not

responsible for rates and taxes or municipal services) ,

o Recent copy of the municipal account (rates and taxes or municipal services) in the name of the director/s

of the company bidding for a contract not owing municipal services for more than 90 days or proof of

residence in the name of the director/s of the company accompanied by affidavit certified by commissioner of

oath stated that the director/s reside in the area where rates and taxes or municipal services are not paid or

lease agreement in the name of the bidder stated that the director/s of the company is/are not responsible for

rates and taxes or municipal services),

Very important:

If any of the abovementioned documents are not submitted or completed in their

Entirety, the bidder will be deemed to be non-responsive and will not be

Considered for the functionality stage.

Additional document;

o Full CSD Report

Preference Point System 80/20

No. DESCRIPTION POINTS

1 Price 80

2 Specific Goal 20

Total 100

Mbd1 part a

Invitation to bid

You are hereby invited to bid for requirements of the umzinyathi district municipality

Bid number: req06106 closing date: 11 august 2026 closing time: 12h00

Request for proposals for consultant to provide legal services to the umzinyathi district

Description municipality.

The successful bidder will be required to fill in and sign a written contract form (mbd7).

Bid response documents may be deposited in the bid

Box situated at (street address

Princess magogo building

39 victoria street

Dundee

3000

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TAX COMPLIANCE STATUS TCS PIN: OR CSD No:

2. Are you a
3. Are you the accredited foreign based

REPRESENTATIVE IN SOUTH AFRICA Yes No SUPPLIER FOR THE Yes No

For the goods /services goods /services

Offered? [If yes enclose proof] offered? [If yes, answer part b:3 ]

3. Total number of items 4. Total bid

Offered price r

5. Signature of bidder .................................... 6. Date
6. Capacity under which

This bid is signed

Bidding procedure enquiries may be directed to: technical information may be directed to:

DEPARTMENT SCM UNIT CONTACT PERSON Ms. ZR Ntuli

Contact person SCM unit telephone number 034 219 1500

Telephone number 0342191500/1549 facsimile number 0342181940

FACSIMILE NUMBER 0342181940 E-MAIL ADDRESS [email protected]

E-MAIL ADDRESS [email protected]

Part b

Terms and conditions for bidding

8. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be

Accepted for consideration.

1.2. All bids must be submitted on the official forms provided (not to be re-typed) or online

1.3. This bid is subject to the preferential procurement policy framework act and the preferential

Procurement regulations the general conditions of contract (gcc) and, if applicable, any

Other special conditions of contract.

9. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS

To enable the organ of state to view the taxpayer’s profile and tax status.

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing.

In order to use this provision, taxpayers will need to register with SARS as e-filers through

The website www.SARS.GOV.ZA.

2.4 Foreign suppliers must complete the pre-award questionnaire in part b:3.

2.5 Bidders may also submit a printed tcs certificate together with the bid.

2.6 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit

A separate tcs certificate / pin / csd number.

2.7 Where NO tcs is available but the bidder is registered on the central supplier database (csd), a

Csd number must be provided.

10. Questionnaire to bidding foreign suppliers

3.1. Is the entity a resident of the republic of south africa (RSA)? yes NO

3.2. Does the entity have a branch in the RSA? yes NO

3.3. Does the entity have a permanent establishment in the RSA? yes NO

3.4. Does the entity have any source of income in the RSA? yes NO

3.5. Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax

Compliance status system pin code from the south african revenue service (SARS) and if not

Register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

NO bids will be considered from persons in the service of the state.

Signature of bidder: ...................................................

Capacity under which this bid is signed: ...................................................

Date: ...................................................

Mbd 3.3

1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of

bids.

1.2 “Contract” means the written agreement entered into between the purchaser and the

supplier, as recorded in the contract form signed by the parties, including all attachments

and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and

proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by

its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or

from which the services are supplied. Goods are produced when, through manufacturing,

processing or substantial and major assembly of components, a commercially recognized

new product results that is substantially different in basic characteristics or in purpose or

utility from its components.

1.7 “Day” means calendar day.

1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the

specified store or depot or on the specified site in compliance with the conditions of the

contract or order, the supplier bearing all risks and charges involved until the goods are so

delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in

the RSA at lower prices than that of the country of origin and which have the potential to

harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the

supplier’s fault or negligence and not foreseeable. Such events may include, but is not

restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,

floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of any bidder, and

includes collusive practice among bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive the bidder of the

benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract.

1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is

required to supply to the purchaser under the contract.

1.16 “Imported content” means that portion of the bidding price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus

freight and other direct importation costs such as landing costs, dock dues, import duty,

sales duty or other similar tax or duty at the South African place of entry as well as

transportation and handling charges to the factory in the Republic where the goods covered

by the bid will be manufactured.

1.17 “Local content” means that portion of the bidding price, which is not included in the

imported content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials,

components and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the

rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods.

1.22 “Republic” means the Republic of South Africa.

1.23 “SCC” means the Special Conditions of Contract.

1.24 “Services” means those functional services ancillary to the supply of the goods, such as

transportation and any other incidental services, such as installation, commissioning,

provision of technical assistance, training, catering, gardening, security, maintenance and

other such obligations of the supplier covered under the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and

administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract.

1.27 “Turnkey” means a procurement process where one service provider assumes total

responsibility for all aspects of the project and delivers the full end product / service

required by the contract.

1.28.1 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical

writing.

6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of

patent, trademark, or industrial design rights arising from use of the goods or any part

thereof by the purchaser.

6.2 When a supplier developed documentation / projects for the municipality, the intellectual,

copy and patent rights or ownership of such documents or projects will vest in the

municipality.

7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder

shall furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security shall be payable to the purchaser as

compensation for any loss resulting from the supplier’s failure to complete his obligations

under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a

freely convertible currency acceptable to the purchaser and shall be in one of the following

forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank

located in the purchaser’s country or abroad, acceptable to the purchaser, in the

form provided in the bidding documents or another form acceptable to the

purchaser; or

(b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier

not later than thirty (30) days following the date of completion of the supplier’s performance

obligations under the contract, including any warranty obligations, unless otherwise

specified.

13.1 The supplier may be required to provide any or all of the following services, including

additional services, if any:

(a) performance or supervision of on-site assembly and/or commissioning of the

supplied goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate

unit of the supplied goods;

(d) performance or supervision or maintenance and/or repair of the supplied goods, for

a period of time agreed by the parties, provided that this service shall not relieve the

supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in

assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price

for the goods, shall be agreed upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the supplier for similar services.

14.1 As specified, the supplier may be required to provide any or all of the following materials,

notifications, and information pertaining to spare parts manufactured or distributed by the

supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier,

provided that this election shall not relieve the supplier of any warranty obligations

under the contract; and

(b) in the event of termination of production of the spare parts:

(i) advance notification to the purchaser of the pending termination, in sufficient

time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the

blueprints, drawings, and specifications of

the spare parts, if requested.

15. Warranty

15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the

most recent or current models, and that they incorporate all recent improvements in design

and materials unless provided otherwise in the contract. The supplier further warrants that

all goods supplied under this contract shall have no defect, arising from design, materials,

or workmanship (except when the design and/or material is required by the purchaser’s

specifications) or from any act or omission of the supplier, that may develop under normal

use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion

thereof as the case may be, have been delivered to and accepted at the final destination

indicated in the contract, or for eighteen (18) months after the date of shipment from the

port or place of loading in the source country, whichever period concludes earlier, unless

specified otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this

warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all

reasonable speed, repair or replace the defective goods or parts thereof, without costs to

the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period

specified, the purchaser may proceed to take such remedial action as may be necessary,

at the supplier’s risk and expense and without prejudice to any other rights which the

purchaser may have against the supplier under the contract.

20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this

contracts if not already specified in the bid. Such notification, in the original bid or later,

shall not relieve the supplier from any liability or obligation under the contract.

21. Delays in the supplier’s performance

21.1 Delivery of the goods and performance of services shall be made by the supplier in

accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should

encounter conditions impeding timely delivery of the goods and performance of services,

the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the

purchaser shall evaluate the situation and may at his discretion extend the supplier’s time

for performance, with or without the imposition of penalties, in which case the extension

shall be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to have minor

essential services executed if an emergency arises, the supplier’s point of supply is not

situated at or near the place where the goods are required, or the supplier’s services are

not readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its

delivery obligations shall render the supplier liable to the imposition of penalties, pursuant

to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause

22.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser

shall, without cancelling the contract, be entitled to purchase goods of a similar quality and

up to the same quantity in substitution of the goods not supplied in conformity with the

contract and to return any goods delivered later at the supplier’s expense and risk, or to

cancel the contract and buy such goods as may be required to complete the contract and

without prejudice to his other rights, be entitled to claim damages from the supplier.

22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to

perform the services within the period(s) specified in the contract, the purchaser shall,

without prejudice to its other remedies under the contract, deduct from the contract price,

as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed

services using the current prime interest rate calculated for each day of the delay until

actual delivery or performance. The purchaser may also consider termination of the

contract pursuant to GCC Clause 23.

23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in

the contract, or within any extension thereof granted by the purchaser pursuant to

GCC Clause 21.2;

(b) if the supplier fails to perform any other obligation(s) under the contract; or

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or

fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may

procure, upon such terms and in such manner, as it deems appropriate, goods, works or

services similar to those undelivered, and the supplier shall be liable to the purchaser for

any excess costs for such similar goods, works or services. However, the supplier shall

continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide

to impose a restriction penalty on the supplier by prohibiting such supplier from doing

business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with

the supplier, the supplier will be allowed a time period of not more than fourteen (14) days

to provide reasons why the envisaged restriction should not be imposed. Should the

supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard

the supplier as having no objection and proceed with the restriction.

23.5 . Any restriction imposed on any person by the purchaser will, at the discretion of the

purchaser, also be applicable to any other enterprise or any partner, manager, director or

other person who wholly or partly exercises or exercised or may exercise control over the

enterprise of the first-mentioned person, and with which enterprise or person the first-

mentioned person, is or was in the

opinion of the purchaser actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such

imposition, furnish the National Treasury, with the following information:

(i) the name and address of the supplier and / or person

restricted by the purchaser;

(ii) the date of commencement of the restriction

(iii) the period of restriction; and

(iv) the reasons for the restriction.

These details will be loaded in the National Treasury’s central database of suppliers or

persons prohibited from doing business with the public sector.

23.7 . If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the

`

25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable

for forfeiture of its performance security, damages, or termination for default if and to the

extent that his delay in performance or other failure to perform his obligations under the

contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing

of such condition and the cause thereof. Unless otherwise directed by the purchaser in

writing, the supplier shall continue to perform its obligations under the contract as far as is

reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the force majeure event.

26.1 The purchaser may at any time terminate the contract by giving written notice to the

supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination

will be without compensation to the supplier, provided that such termination will not

prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter

to the purchaser.

27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the

supplier in connection with or arising out of the contract, the parties shall make every effort

to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other

party of his intention to commence with mediation. No mediation in respect of this matter

may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a

28.1 Except in cases of criminal negligence or willful misconduct, and in the case of infringement

pursuant to Clause 6;

(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or

otherwise, for any indirect or consequential loss or damage, loss of use, loss of

production, or loss of profits or interest costs, provided that this exclusion shall not

apply to any obligation of the supplier to pay penalties and/or damages to the

purchaser; and

(b) the aggregate liability of the supplier to the purchaser, whether under the contract,

in tort or otherwise, shall not exceed the total contract price, provided that this

limitation shall not apply to the cost of repairing or replacing defective equipment.

on the account of both parties. The appointed prosecutor and presiding officer also recused themselves. In

light of the delays, the Municipality requested consent from the employee for the matter to be arbitrated in

terms of Section 188A, which such consent was not obtained from the employee. The employee

representative did not refer an unfair labour practice dispute instead pleaded non-compliance. The

compliance officer issued a non-compliance order. The Municipality requested that the matter be arbitrated

in terms of Section 33A. The matter is set down for the 20th of August 2025, in the South African Local

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** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance

fund contributions and skills development levies.

5.2 Other expenses, for example accommodation (specify, eg. Three

star hotel, bed and breakfast, telephone cost, reproduction cost,

etc.). On basis of these particulars, certified invoices will be checked

for correctness. Proof of the expenses must accompany invoices.